Kuwait Court of Cassation principle number 1301

Subrogation of the payer to the creditor’s position where the payer is liable for the debt with the debtor or is obliged to pay it on his behalf. - The insurer under compulsory motor accident insurance. Its obligation and that of the liable third party concern the same debt, even though the source of each one’s obligation differs, and their liabilities for its payment are concurrent. Payment by the insurer to the injured party is payment of the liable third party’s debt. The effect thereof. Statutory subrogation of the insurer to the injured party’s position against the third party. Its right of recourse against him for the compensation it has paid. - The payer’s liability for the debt pursuant to the same source that binds the other debtor, or the existence of a link between them. Neither is necessary for statutory subrogation. It suffices that he is liable for the debt with the debtor or obliged to pay it on his behalf. Article 394, Civil Code.